S.12 POSH Act | Gujarat High Court Grants Leave To Complainant Despite Completion Of Inquiry To Save Her From Sitting Next To Accused

The Gujarat High Court has permitted a government woman employee to remain on leave for one week who had filed a complaint against her colleague of sexual harassment under the POSH Act, while her representation before the concerned authority–seeking transfer so that she does not have to sit next to him, is decided. In doing so the court noted that while Section 12 of POSH Act permits the complainant to be one leave while inquiry under the Act is pending, however in the present case the court noted that it seemed that her colleague was sitting next to her. Therefore the high court went on to grant 1 week leave to the woman while her representation is decided, adding that the leave is granted in addition to the leaves she is already entitled to. Justice JL Odedra in his order said:"Since the representation at Annexure'I' is to be considered by respondent No.4, the matter is adjourned for a period of one week, within which the respondent No.4 may consider the said representation sympathetically".The court further said, "In the meantime, in line of the legislative mandate i.e. broadly in line of legislative intent for framing Section 12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, leave may be granted of one week to the petitioner which shall be in addition to the leaves that she is otherwise entitled to. This Court is aware that such leave is only to be granted under Sec.12 of the Act provided the inquiry is pending. However, in the facts of the present case, it appears that the perpetrator of the sexual harassment to the petitioner is sitting next to her and that therefore pending the consideration of the aforesaid representation at page 35, it would be in the fitness of things that the petitioner is granted leave in addition to the leaves available to her in terms of the purport of Sec.12 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013".The matter is next listed on June 12. During the hearing on May 29 advocate Chintan Gandhi appearing for the petitioner argued that the petitioner had filed a complaint under Section 9 of the POSH Act. Pursuant to that complaint internal committee has submitted its report. He submitted that he approached the court seeking that her representation be decided where she had sought that either she is transferred or the colleague is transferred. Meanwhile the counsel appearing for the respondent authority said,"This is a very unfortunate circumstance that the petitioner was subjected to sexual harassment...the department takes cognizance takes action and ultimately a penalty was imposed on accused".Subsequently, because an unfortunate chapter is closed by way of punishment the petitioner cannot say how she should be posted throughout, the counsel said.At this stage the court orally said, "Atleast the two of them should not be posted to the same place". The court further noted that the petitioner had contended that either the authority transfers the colleague or it transfers her to another place. The respondent's counsel said that he shall ask the concerned authority to decide the representation. At this stage the petitioner's counsel said, "The only request is, today is my last day of leave. The person accused is sitting next to me. Therefore kindly see Section 12".When the respondent's counsel said that Section 12 is applicable during pendency of inquiry, the court orally said, "Even if inquiry is concluded the facts remain...it is very difficult that law does not serve its purpose. Because if I have to sit next to perpetrator who has committed harassment against me then I can never function".At this stage the court asked the petitioner's counsel, "Suppose one week they take, what do you propose till then". Gandhi said, "Grant me leave for seven days only".He thereafter referred to Section 12 (1) of the Act which states:During the pendency of an inquiry on a written request made by the aggrieved woman, the Internal Committee or the local Committee, as the case may be, may recommend to the employer to—(a)transfer the aggrieved woman or the respondent to any other workplace; or(b)grant leave to the aggrieved woman up to a period of three months; or(c)grant such other relief to the aggrieved woman a may be prescribed.Section 12(2) states that the leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled.Gandhi further argued, "I have been threatened with a notice that you are on unauthorised leave. I have genuine threat. That person was daily at night following me sending me whatsapp. I cannot work with that person. That is the difficulty".Pursuant to this the court granted the petitioner one week and listed the matter on June 12.Case title: X v/s State of Gujarat & OrsR/SCA/6689/2025Click Here To Read/Download Order

S.12 POSH Act | Gujarat High Court Grants Leave To Complainant Despite Completion Of Inquiry To Save Her From Sitting Next To Accused

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